Buellton City Council
April 28, 2022

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of April 28, 2022 – 6:00 p.m.

City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.

Consistent with Assembly Bill 361, written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at: http://www.cityofbuellton.com/government/cityTV.php Pursuant to AB 361, cities are allowed to hold City Council meetings via teleconferencing and members of the public can observe and address the meeting electronically by clicking here.

CALL TO ORDER
Vice Mayor Dave King

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members Ed Andrisek, Elysia Lewis, John Sanchez, Vice Mayor Dave King, and Mayor Holly Sierra

REORDERING OF AGENDA

PUBLIC COMMENTS
Speaker Slip to be completed and turned in to the City Clerk prior to commencement of meeting. Any person may address the Council on any subject pertaining to City business, including all items on the agenda not listed as a Public Hearing, including the Consent Agenda and Closed Session. Limited to three (3) minutes per speaker. By law, no action may be taken at this meeting on matters raised during Public Comments not included on this agenda. Public Speakers using a translator are allotted a total of six (6) minutes to speak, unless simultaneous translation equipment is used.

CONSENT CALENDAR (ACTION)
The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period.

City Council Meeting Agenda Page 2 April 28, 2022

1. Minutes of April 14, 2022 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022

3. Monthly Treasurer’s Report – March 31, 2022
(Staff Contact: Finance Director Shannel Zamora)

4. Acceptance of City of Buellton Transportation Development Act (TDA) Fund Financial Statements for Years Ended June 30, 2021 and June 30, 2020 with Independent Auditor’s Report
(Staff Contact: Finance Director Shannel Zamora)

PRESENTATIONS

PUBLIC HEARINGS

COUNCIL MEMBER COMMENTS/ITEMS

WRITTEN COMMUNICATIONS
Written communications are included in the agenda packets. Any Council Member, the City Manager, or City Attorney may request that a written communication be read into the record.

COMMITTEE REPORTS
This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.

BUSINESS ITEMS (POSSIBLE ACTION)

5. Consideration of Arts & Culture Project Applications:

A. Santa Ynez Botanic Garden Video
B. Art on the Avenue
(Staff Contact: Recreation Supervisor Kyle Abello)

6. Consideration of Request for Sheriff Deputies for Open Streets Event (Staff Contact: Recreation Supervisor Kyle Abello)

7. Selection of Auditor for Fiscal Years Ending June 30, 2022, 2023 and 2024, with the City’s Option for Renewal for Two Subsequent Fiscal Years (Staff Contact: Finance Director Shannel Zamora)

8. Resolution No. 22-13 – “A Resolution of the City Council of the City of Buellton, California, Declaring Stage Two Water Conservation Requirement Pursuant to the State’s Water Conservation Emergency Regulations”
(Staff Contact: Public Works Director Rose Hess)

City Council Meeting Agenda Page 3 April 28, 2022

9. Authorization to Reclassify Position in the Planning Department, Adopt Associated Job Description, and New Salary Range
(Staff Contact: H.R. Director Linda Reid)
CITY MANAGER’S REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, May 12, 2022 at 6:00 p.m.

City Manager Review: SW
Council Agenda Item No.: 1

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of April 14, 2022
City Council Chambers, 140 West Highway 246
Buellton, California

CALL TO ORDER
Mayor Sierra called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Ed Andrisek, Elysia Lewis, John Sanchez, Vice Mayor Dave King and Mayor Holly Sierra
Staff: City Manager Scott Wolfe, City Clerk Linda Reid, City Attorney Greg Murphy (via Zoom), Finance Director Shannel Zamora (via Zoom), and Lt. Garrett TeSlaa

REORDERING OF AGENDA
None

PUBLIC COMMENTS
None

CONSENT CALENDAR

1. Minutes of March 24, 2022 City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022

3. Resolution No. 22-09 – “A Resolution of the City Council of the City of Buellton, California, Approving a 3.0% Cost of Living Adjustment (COLA) for all Regular FullTime Employees, Effective, July 1, 2022”

City Council Meeting Minutes Page 2 April 14, 2022

4. Resolution No. 22-10 – “A Resolution of the City Council of the City of Buellton, California, Fixing the Employer’s Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants and Revoking Resolution No. 06-28”

5. Resolution No. 22-11 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference”

6. Resolution No. 22-12 – “A Resolution of the City Council of the City of Buellton, California, Adopting a Pension Funding Policy”
MOTION:

Motion by Vice Mayor King, seconded by Council Member Lewis, approving Consent Calendar Items 1 through 6 as listed.

VOTE:

Motion passed by a roll call vote of 5-0.

Council Member Andrisek – Yes
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor King – Yes
Mayor Sierra - Yes

PRESENTATIONS

7. Proclamation Recognizing National Donate Life Month
Mayor Sierra read the proclamation recognizing April 2022 as National Donate Life Month and thanked Scott Burns for his dedication to this cause. Mr. Burns discussed the importance of organ donation and thanked the Council for their support.

8. Proclamation Recognizing National Child Abuse Awareness & Prevention Month Mayor Sierra read the proclamation recognizing April 2022 as National Child Abuse Awareness & Prevention Month and thanked Program Director John Crowell for bringing attention to this important cause. Mr. Crowell spoke about Child Abuse Awareness & Prevention Month and thanked the Council for their support.

9. Recognizing Lieutenant Jeff Greene for his Service to the City of Buellton Mayor Sierra and City Manager Wolfe thanked Lieutenant Jeff Greene for his service to the City of Buellton, presented him with a plaque, and wished him success in his new position with the Aviation Bureau of the Sheriff’s Department. Lt. Greene thanked the Council and staff for their support over the past two challenging years and introduced his replacement, Lt. Garrett TeSlaa. Lt. TeSlaa stated that he looks forward to serving Buellton and the Santa Ynez Valley.

City Council Meeting Minutes Page 3 April 14, 2022

PUBLIC HEARINGS

None

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez thanked Executive Director Kathy Vreeland with the Buellton Chamber of Commerce and Visitor’s Bureau for organizing Lagerville 2022 at Figueroa Mountain Brewing Company on April 9 and said it was a great event.

Vice Mayor King announced that he and other Council Members will be attending California Joint Powers Insurance Authority (CJPIA) Elected Official’s Forum in Palm Desert from May 2-4.

Mayor Sierra thanked staff for the flower arrangement in memory of her husband’s Mother who passed away on April 12.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Council Member Sanchez announced that he attended the Arts and Culture Committee board meeting and provided an oral report regarding the meeting.

Council Member Sanchez announced that he attended the Central Coast Water Authority (CCWA) Special board meeting and provided an oral report for the record.

BUSINESS ITEMS

10. Ordinance No. 22-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving a Development Agreement (21-DA-01) for the 518 Avenue of Flags – Mixed-Use Development Project Located at 518 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Second Reading) RECOMMENDATION:

That the City Council adopt Ordinance No. 22-05.

STAFF REPORT:

City Manager Wolfe presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

City Council Meeting Minutes Page 4 April 14, 2022
MOTION:

Motion by Council Member Lewis, seconded by Council Member Andrisek adopting Ordinance No. 22-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving a Development Agreement (21-DA-01) for the 518 Avenue of Flags – Mixed-Use Development Project Located at 518 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” by title only and waive further reading.

VOTE:

Motion passed by a roll call vote of 4-1, with Vice Mayor King voting no.

Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – No
Mayor Sierra – Yes

11. Request to Authorize Funding for Temporary Planning Department Staffing RECOMMENDATION:

That the City Council authorize funding for temporary Planning Department staffing.

STAFF REPORT:

City Manager Wolfe presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Vice Mayor King, seconded by Council Member Sanchez authorizing funding for temporary Planning Department staffing in the amount of $15,000.

VOTE:

Motion passed by a roll call vote of 5-0.

Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report to the City Council.

City Council Meeting Minutes Page 5 April 14, 2022

ADJOURNMENT
Mayor Sierra adjourned the regular meeting at 6:35 p.m. The next regular meeting of the City Council will be held on Thursday, April 28, 2022 at 6:00 p.m. _________________________________
Holly Sierra
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: April 28, 2022
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022
______________________________________________________________________________

BACKGROUND
Staff is required to submit a check register to the City Council for approval every council meeting for the most recently completed check register (Attachment 1).

The check register for the period 04/02/2022 through 04/15/2022 has been prepared in accordance to Government Code section 37202 and Buellton Municipal Code section

3.08.070. The check register lists all vendor payments for the specified period above, along with claimant’s name, a brief description of the goods or service purchased, amount of demand, check number, check date and the account number(s) associated with each payment.

The total amount of checks, 04/02/2022 through 04/15/2022, and electronic fund transfers issued for the period of 04/02/2022 through 04/15/2022 was $423,341.31.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2021/22. Cash is available for the payment disbursements of the above liabilities.

RECOMMENDATION
That the City Council review and accept the check register for the period 04/02/2022 through 04/15/2022.

ATTACHMENTS
Attachment 1 – Claims

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: April 28, 2022
Subject: Monthly Treasurer’s Report – March 31, 2022
______________________________________________________________________________

BACKGROUND
California Government Code Section 53646(b)(3) provides mandatory investment reporting requirements for California public agencies. The attached Treasurer’s Report complies with the State’s reporting requirement.

On June 10, 2021, Council adopted the current Investment Policy per Resolution 21-09 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.

This Treasurer’s Report is for March 31, 2022. Treasurer’s Reports are presented on a monthly basis.

FISCAL IMPACT
There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.

RECOMMENDATION
That the City Council receive and file the Treasurer’s Report for the month ending March 31, 2022.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – March 31, 2022

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in March 31, 2022
April 28, 2022
This report presents the City’s cash activity and investment portfolio as of March 31, 2022. The report includes:
1) Cash and investments at March 31, 2022 compared to the prior month;

2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at March 31, 2022
The following schedule is a summary of the City’s cash and investments based on recorded value as of March 31, 2022 compared with the prior month.

February 28, 2022 March 31, 2022 $ Change
Cash - Pooled $ 8,834,415.54 $ 8,778,891.94 $ (55,523.60) Restricted Cash $ 1,752,193.39 $ 446,740.37 $ (1,305,453.02) Investments held by the City 10,298,816.80 10,283,301.45 $ (15,515.35) TOTAL CASH AND INVESTMENTS $ 20,885,425.73 $ 19,508,933.76 $ (1,376,491.97)

Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash held by the City from last month is mainly due to the receipt of January 2022 sales tax offset with the cost of Sheriff services and cost of water treatment plant repairs. Restricted cash decreased due to the disbursement of funds to ENGIE Services U.S. Inc. for services through January 2022.

The value of investments decreased mainly due to unrealized losses on Certificate of Deposits (CDs). The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f M a r c h 3 1 , 2 0 2 2
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:

Per Statements: 3/31/2022
Mechanics Bank General Checking 8,964,731.72
Mechanics Bank Money Market 206,943.79
Mechanics Bank FSA 13,624.91
Local Agency Investment Fund 8,658,977.01
Multi-Securites Bank 1,417,380.65
Sterling Bank - Escrow 446,740.37
Sterling Bank - Equity -
Total Cash per Statements: 19,708,398.45
Claim on Cash vs. Total Cash Per Statements: (199,464.69) Outstanding items per System Reconciliation: (199,464.69) Difference: -
9,706,223.18
3,678,979.75
(1,574,368.05)
7,115,613.97
(2,145,258.12)
491,658.95
36,183.57
386,527.84
225,673.01
29,342.78
732,043.30
610,568.50
254,214.95
-
-
(38,469.87)
19,508,933.76
8,765,267.03
206,943.79
13,624.91
1,417,380.65
8,658,977.01
446,740.37
-
19,508,933.76
999-21000 Wages Payable - -
19,508,933.76
TOTAL: Cash in Bank 20,885,425.73 (1,376,491.97)
-
TOTAL: Cash in Bank 20,885,425.73 (1,376,491.97)
999-10007 Restricted Cash - Sterling Bank Escrow 1,752,193.39 (1,305,453.02) 999-10008 Restricted Cash - Sterling Bank Equity - -
999-10004 Pooled Cash - Brokerage 1,432,903.03 (15,522.38) 999-10005 Pooled Cash - LAIF 8,658,977.01 -
999-10002 Pooled Cash - Money Market 206,936.76 7.03
999-10003 Pooled Cash - FSA 15,070.13 (1,445.22)
TOTAL CLAIM ON CASH 20,885,425.73 (1,376,491.97)

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 8,819,345.41 (54,078.38) 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 1,355,253.05 (1,393,722.92) 075-10000 Claim On Pooled Cash 245,664.95 8,550.00
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 678,766.99 53,276.31
032-10001 Claim On Pooled Cash 610,568.50 -
027-10000 Claim On Pooled Cash 228,369.42 (2,696.41)
029-10000 Claim On Pooled Cash 29,342.78 -
024-10000 Claim On Pooled Cash 36,183.57 -
025-10000 Claim On Pooled Cash 368,085.76 18,442.08
021-10000 Claim on Pooled Cash (2,160,448.12) 15,190.00 023-10000 Claim On Pooled Cash 491,613.95 45.00
006-10000 Claim on Pooled Cash (1,574,368.05) -
020-10000 Claim On Pooled Cash 7,022,036.04 93,577.93

CLAIM ON CASH
001-10000 Claim On Pooled Cash 9,899,488.58 (193,265.40) 005-10000 Claim On Pooled Cash 3,654,868.31 24,111.44
Bank Reconciliation - March 2022
City of Buellton, CA
For the Period Ending 3/31/2022
2/28/2022

BALANCE

CURRENT

ACTIVITY
3/31/2022
BALANCE ACCOUNT # ACCOUNT NAME

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f M a r c h 3 1 , 2 0 2 2
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City of Buellton
Investment Summary
March 31, 2022
Currently, short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a high quality investment available in terms of safety, liquidity, and yield. Due to fluctuations in the marketplace, the City may have some investments with a current market value that is greater or less than the recorded value. This difference has no effect on investment yield as the City intends to hold the securities to maturity. However, generally accepted accounting principles require that market gains and losses be reported as interest earnings or losses at year-end.

Percent of
Portfolio Yield
Maturity
Term
Maturity
Date Par Value Market Value
Local Agency Investment Fund - LAIF 84.91% 0.24% n/a n/a $ 8,658,977.01 $ 8,658,977.01 Wells Fargo Bank 2.44% 2.25% 5 yrs. 8/16/2022 249,000.00 250,486.53 Sallie Mae Bank 0.98% 3.20% 5 yrs. 5/9/2023 100,000.00 101,985.00 First Technology Bank Fed Cr Union 1.01% 3.60% 5 yrs. 12/26/2023 103,000.00 105,974.64 First Technology Bank Fed Cr Union 0.98% 3.35% 5 yrs. 2/6/2024 100,000.00 102,440.00 Comenity Cap Bank 1.57% 2.80% 5 yrs. 4/15/2024 160,000.00 162,099.20 Morgan Stanley Bank 0.98% 2.75% 5 yrs. 5/2/2024 100,000.00 101,193.00 Capital One Bank 0.98% 2.00% 5 yrs. 8/21/2024 100,000.00 99,324.00 Morgan Stanley Bank 0.98% 1.90% 5 yrs. 1/23/2025 100,000.00 98,454.00 State Bk India 1.96% 1.60% 5 yrs. 4/29/2025 200,000.00 194,380.00 Sallie Mae Bank 1.18% 0.80% 5 yrs. 7/1/2025 120,000.00 113,433.60 Multi-Securities Bank - Cash in Holding 87,610.68
Money Market (Held with Mechanics Bank) 2.03% 0.20% n/a 206,936.76 206,936.76 Total City Investments 100.00% $ 10,197,913.77 $ 10,283,294.42 Certificates of Deposits (Held with Multi-Securities Bank)

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f M a r c h 3 1 , 2 0 2 2
P a g e | 4
The following is a fund balance schedule showing beginning fund balance at July 1, 2021 plus revenues minus expenditures for the period, resulting in ending fund balance at March 31, 2022.

Fund balance includes total assets and liabilities of the City.

As required by Government Code Section 53646 (b) (3), the chief officer for the City declares that there is sufficient funds to meet all obligations for the next six months.

Shannel Zamora
Shannel Zamora
Finance Director
Total Expenses March 31, 2022
Balance
6,589,425.78 6,493,327.20 9,764,377.54
942,335.25 714,261.73 3,473,099.41
006 - Wastewater Capital - 1,008,871.28 (791,358.48)
020 - Water Fund 1,974,343.61 1,639,189.90 7,516,937.63 021 - Water Capital 15,190.00 1,018,096.45 (626,132.39) 515.99 - 491,830.91

31.35 - 36,196.23
237,947.26 304,396.21 396,121.22
027 - Local Transportation Fund 4,150.60 17,961.42 227,418.60 029 - Transportation Planning 26.81 3,957.50 (107,090.46) 031 - Measure A 274,238.99 223,884.43 766,113.28
032 - American Relief Act Fund 610,782.05 - 610,782.05
075 - Trust & Agency Fund 214.85 - 10,608.35
090 - Long-Term Debt - - (3,856,421.20)
091 - General Fixed Assets - - 24,869,114.84
3,268,579.51
14,761,165.64 42,712,957.52
Fund Balance Report
City of Buellton, CA 3/31/2022
Fund July 1, 2021
Balance
Total Revenues
025 - Gas Tax Fund 462,570.17
001 - General Fund 9,668,278.96
005 - Sewer Fund 3,245,025.89
217,512.80
7,181,783.92
376,774.06
023 - Housing Fees 491,314.92
024 - Traffic Mitigation Fund 36,164.88
(68,640.01)
43,556,341.11 13,917,782.05
241,229.42
(103,159.77)
715,758.72
-
10,393.50
(3,856,421.20)
24,869,114.84
092 - Capital Improvement Proj Fund - 3,337,219.52

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: April 28, 2022
Subject: Acceptance of City of Buellton Transportation Development Act (TDA) Fund Financial Statements for Years Ended June 30, 2021 and June 30, 2020 with Independent Auditor’s Report
______________________________________________________________________________

BACKGROUND
An audit of the City’s Transportation Development Act Fund has been performed by Moss, Levy & Hartzheim LLP, a firm of Certified Public Accountants. The purpose of the audit is to determine compliance with the Transportation Development Act (TDA) (California Public Utilities Code sections 99234 and 99400(a)), and compliance with the rules and regulations of the Santa Barbara County Association of Governments.

The audit is presented herewith for your review and acceptance. The audit includes an examination of the assets, liabilities and fund balance of the TDA Fund as of June 30, 2021 and June 30, 2020, and the related statements of revenue, expenditures and changes in fund balance.

The Independent Accountant’s Report on Compliance with Requirements Applicable to the TDA, dated March 31, 2022 states that the City complied with applicable statutes, rules, regulations of the TDA and the allocation instructions and resolutions of the Santa Barbara County Association of Governments as required by Section 6666 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations during the year ended June 30, 2021.

FISCAL IMPACT
This annual TDA audit is required along with an unqualified auditor’s opinion in order for the City to receive continued funding.

TDA Audit Page 2 April 28, 2022

RECOMMENDATION
That the City Council review and accept the City of Buellton TDA Fund Financial Statements for the years ended June 30, 2021 and June 30, 2020, along with the Independent Auditor’s Report.

ATTACHMENTS
Attachment 1 - TDA Fund Financial Statements for Years Ended June 30, 2021 and June 30, 2020

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F'I~~AL ~EARS ENI~EI~► JUNE 30, 2021 ANI) 2020
WITH INI~EPENTI►ENT UI~IT{JR' REP+QR.T
SECTIt~NS 9~234 ANI~ 9~400~a)
C}F THE PUBLI~ UTILITIE~ ~C1T.f E

CITY OF BUELLTON
Transportation Development Act Fund
Segregated by Sections 99234 and 99400(a)
of the Public Utilities Code
June 30, 2021 and 2020
Table of Contents
IndependentAuditors' Report ................................. . ............ . ........................................................................................................... 1 FI~A%I~CIAL STATEIi✓iENTS
BalanceSheets .................................................................................................. . ............................................................................... 2 Statements of Revenues, Ex~en ditures, and ~han~es in Fund Balance .. , ..... , ... ~ .. . . . . .... . . . . ~ . _ _ _ _ _ _ _ _ _ - _ . 3 Statement of Revenues, Expenditures, and ~han~es in Fund Balance - Bud~et and Actual —June 30, 2021 .......................................................................................................................................... 4 Statement of Revenues, Expenditures, and changes in Fund Balance - Budgetand Actual —June 30, 2020 .......................................................................................................................................... 5 Hatesto Financial Statements .................................................. . ....................................................................................................... 6 Independent Auditors' Report on Transportation Development Act +~ompliance ......................................................................................................................................................................................7

~~:~~5, ~~vy ~~ ~~~~h~~~ ~;~:~
Certif'ïed Fublic .~ccounta~~ts
I1~I.~EPEi~T~E1~T A~.T~ITC}RS' REPCï►RT
The Board of Directors of the
Santa Barbara County Association of governments
Report on Financial Statements
we have audited the accompanying financial statements of the Transportation Development Act Fund of the City of Buellton {the Fund}, as of and for the fiscal years ended June 30, 2021 and June 30, 2020, and the related notes to the financial statements, as listed -in the table of contents.

Management's Responsibility f©r the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
1~uditors' Responsibility
(fur responsibility is to express an opinion on these financial statements based on our audit. we conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.

The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. in making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control.

Accordingly, we express no such opinion. An audit also ~neludes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.
we believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

C.~pinian
in our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City of Buellton, as of June 30, 2021 and June 30, 2020, and the changes in financial position for the fiscal years then ended in accordance with accounting principles generally accepted in the United States of America.

Emphasis ©f Matter
As discussed in Dote 1, the financial statements present only the Transportation Development Act Fund and do not purport to, and do not, present fairly the financial position ofthe City of Buellton as ofJune 30, 2021 and June 30, 2020, the changes in its financial position for the fiscal years then ended in accordance with accounting principles generally accepted in the United States of America. fur opinion is not modified with respect to this matter.

Santa Maria, California
March 31, 2022
2400 Pr©fessi©nat Parkway, Suite 205 Santa Maria, CA 93455Te[805.925.259 Fax 805.925.2147 m[hepas.com BEVE[~L`~ H[LLS • CULVER C[TY • SAI~ITA MAFt[~

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TRAI~ISPt~RTATI~I'~ I~E~ELC3PII~EI~T ACT FLTI~TD
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June 3O, 2021 and June 3O, 2020
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Assets:

Cash and investments
Interest receivable
Total assets
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Lia~i~ities:

Accounts payable
Taal liabilities
Fund ~a~ance:

Restricted
Total fund balance
Total liabilities and fund balance
35,952 33,598
35,952 33,598
.~► JJ,7JG ~ 3J,Jyó
See accompanying notes to financial statements
2

~ITY C~F ~IJELLTt)i~
T'RA~SP(~RTATIC► I'~ I.~EVELOPIVIE~T ACT FLTI~I.~
SECT~fJ%~S 9923~ ~~~ 99~~o{a~ ~~ THE ~~~~,~~ IITILITIES CCJI~E STATE~IE~TTS ~~ REVE~ILTES, E~PE~I~ITURES, A~v~ CI-JANCIES ~~ FUI~1D BALAI'~ICE For Fiscal ~ears Ended June 30, 2~21 and June 30, 21~2{} Revenues:

Local Transportation Fund
allocations
Interest
Total revenues
Expenditures:

Contract services
Total expenditures
Excess of revenues over expenditures
Transfers:

Transfers out to the City of Buellton
Total transfers
+Change in fund balance
Fund balance, beginning of fiscal year
Prior-period adjustment
Fund balance, beginning of fiscal year, restated
Fund balance, end of f seal year
$ 4,b87 $ 4,380
{2,400} (2,00)
(2,400) (2,000)
33,598 323,882
(292,922)
~ 35,952 $ 33,598
See accompanying notes to financial statements
3

CITY C?F BIJELLT~I~
TRANSPC~RTATIC~N I~EVEL(~PMENT ACT FUND
SECTIONS 99234 ANI~ 99444{~} DF THE PUBLIC UTILITIES Ct~DE STATEMENT QF REVENUES, E~PENDITUR.ES AND CI-IAN~ES TI`S FUND BALANCE BUD+~ET ANI~ ACTUAL
For Fiscal Year Ended June 34, 2421
Revenues:

Local Transportation Fund
allocations
Interest
Total revenues
Expendi#ores:

Contract services
Total expenditures
Excess of revenues over expenditures
Transfers:

Transfers out to City of Buellton
Total transfers
Change in fund balance
Fund balance, beginning of fiscal year
Fund balance, end of fiscal year
Variance
Favorable
Budget Actual (Unfavorable}
~ 4,483 $ 4,687 $ 204
73 67 (6}
__ 4,556 4,754 198
4,556 4,754 198
~23,000} (2,400} 20,604
~23,000} (2,400} 20,600
{ 18,444} 2,3 54 20,798
33,598 33,598
~ 15,154 ~ 35,952 $ 20,798
See accompanying notes to financial statements
4

CITY C}F BITELL 1 Ui'~T
TRANSPGRTATIC~N DEVELOPMENT ACT FUND
SECTIONS 99234 AND 99400(a) OF THE PUBLIC UTILITIES CODE STATEMENT OF F;.EVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
For Fiscal dear Ended dune 30, 2020
Revenues:

Local Transportation Fund
allocations
Interest
Total revenues
Budget
$ 4,395 $
4,+04
Variance
Favorable
Actual (Unfavorable}
4,380 $ {15}
4,~3 8 34
Expenditures:

Contract services
Total expenditures
Excess of revenues over expenditures
Transfers:

Transfers out to City of Buellton
Total transfers
Change in fund balance
Fund balance, beginning of fiscal year
Frior-period adjustment
I"und balance, beginning of fiscal year, restated
Fund balance, end of fiscal year
4,04 4,b3 8
(2,000} (2,000}
(2,Ooo} (2,aoo}
323,882 323,882
(292,922} (292,922}
34 34
$ 33,5~4 ~ 33,598 $ 34
5

CITY OF BUELLTON

TRANSPORTATION DEVELOPMENT ACT FUND
SEGREGATED BY SECTIONS 99234 AND 99400(a) OF THE PUBLIC UTILITIES CODE

NOTES TO FINANCIAL STATEMENTS
June 30, 2021 and June 30, 2020
I~~TE 1— SI~I~IF'I~ANT AC~f~UI~1TING POLI+CIES
Basis of Accountin
The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. The Transportation Development Act Fund of the City of Buellton is a governmental fund type. Clovernmental funds are accounted for using a current financial resources measurement focus. The application of this measurement focus provides that, in general, only current assets and current liabilities are present on the balance sheet. Operating statements of these funds present revenues and expenditures.

The modified accrual basis of accounting is used for the Transportation Development Act Fund. Under the modified accrual basis of accounting, revenues are recognized ~~~hen they become susceptible to accrual i.e., both r~ieasurablc and availahic}. í~v~icasurabie means that the amount of the transaction can be determined. Available means the funds are collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within f0 days of the end of the current fiscal period.

Expenditures of governmental funds are generally recognized when the related fund liabiliíy is incurred. .e~ortin~; Entity
The financial statements present only the Transportation Development Act Fund and do not purport to, and do not present, the City's financial position and changes in financial position. The City of Buellton's basic financial statements are available from the Finance Department at l0~ W. f-lighway 24b, Buellton, ~A 9342.

N~TE Z — ~ASH I~EPC~SITS
The City follows the practice of pooling cash and investments for all funds (including the Transportation Development Act Fund) under its direct daily control. Interest earned on pooled cash and investments is allocated periodically to the various funds based on average cash balances. Detaïled disclosure regarding the City's investments of cash is included in the notes to financial statements of the City.
~~~~ ~ — ~~~~~-~~~~~~ ~~..~~~~~~~
The City has not received TDA Section 99400(a) allocations for several years but instead has started transferring other funding sources into their Local Transportation Fund in order to fund its transit services. The City does not have any Section 99400{a) money remaining in the Fund and therefore the statements were adjusted to remove the non-Transportation Development Act funding. This resulted in aprior-period adjustment in the fiscal year ended June 30, 2020 of ($292,920.

:~~:~ ~~, ~;~vy ~ ~~.:~~h~~~T~ ~,~~
~:`e~-tifi~cí Publïc Accc~tt~.t~~nt~
II~+I~EPENI)EI~T AUI~ITC)~S' F~EP(~RT ~I~ TRA1~SPflRTATION I)EVELQPNIEI~T ACT C~iViPLIAI~+TCE
The Board of Directors of the
Santa Barbara County Association of Governments
VVe have audited the financial statements of the City of Buellton Transportation Development Act Fund's (the City} compliance with the types of compliance requirements described in the Tt~ansportati©n I)evelQpment ~4ct guidebook, published by the State of California Department of Transportation applicable for the fiscal year ended June 30, 2x21. 1V~anagement's ~esa~Jzsibility
Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to the Transportation Development Act.

Au~itars' ~espansibility
Gur responsibility is to express an opinion on the City's compliance based on our audit of the compliance with applicable statutes, rules and regulations of the Transportation Development Act (TDA}, Sections 99234 and 994flfl{a), of the California Code of Regulations {CCR), and the allocation instructions and resolutions of Santa Barbara County Association of Governments as required by Section 6~6b of the CCR. Section ~b~~ requires that for anon-transit claimant, the independent auditor shall perform at least the following tasl~s: (a) Determine whether the funds received by the claimant pursuant to the Act were expended in conformance with those sections of the Act specifying the qualified purposes, including Public Utilities Code section 99442 for streets and roads claimants and section 99233.3 for claimants under that section for pedestrian and bicycle facilities and bicycle safety education programs, {b) Determine whether the funds received by the claimant pursuant to the Act were expended in conformance with the applicable rules, regulations, and procedures of the transportation-planning agency and in compliance with the allocation instructions, and {c) Determine whether interest earned on funds received by the claimant pursuant to the Act were expended only for these purposed for which the funds were allocated, in accordance with Public Utilities Cade sections 99301 and 99301.5. Vie conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in ~ove~~a~aent Auditing ~tandc~~ds, issued by the Comptroller General of the United States; and the T~anspo~taíion development Act guidebook. Those standards requïre that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the compliance requirements referred to above that could have a direct and material effect on the state laws and regulations applicable to the City occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.
e believe that our audit provides a reasonable basis for our opinion on compliance. However, our audit does not provide a legal determination of the City's compliance.
l~pilzian on +compliance with the ~ransp©rtatian l~evel'op~rtent Act In our opinion, the funds allocated to and received by the City of Buellton Transportation Development Act Fund, complied, in all material respects, with the compliance requirements referred to above that are applicable to the statutory requirements of the Transportation Development Act and the allocation instructions and resolutions of Santa Barbara County Association of Governments for the fiscal year ended June 3 (~, 2fl21.

This report is intended solely for the information and use of the City Council, management of the Santa Barbara County Association of Governments and for filing with the appropriate regulatory agencies and is not intended to be and should not be used by anyone other than these specified parties.
4~d, ~ ~~ ~~ ~ ,+Cr1~
Santa Maria, California
March 31, 2022
7 2404 Pr©fessi©na[ Parkway, Suite 205 Santa Níaria, CA 93455Te[845.925.2579 Fax 845.925.2147 m[hcpas.e©m BEVERLY H[LLS • CULVER CITY •SANTA 1~fAR[A

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Kyle Abello, Recreation Supervisor
Meeting date: April 28, 2022
Subject: Consideration of Arts and Culture Project Applications:

A. Santa Ynez Botanic Garden Video
B. Art on the Avenue
______________________________________________________________________________

BACKGROUND
A. Santa Ynez Botanic Garden Video
The purpose of this Project is to take both video and still photos of the SYV Botanic Garden at River View Park and edit the footage to create professional quality videos for multiple uses. Some of these anticipated uses may include: self guided tours in both English and Spanish of the Botanic Garden using QR code technology, collaboration with the Buellton Chamber of Commerce & Visitor’s Bureau to create promotional marketing, educational videos for school groups, meditative videos with music, and more. The Applicant Grey Bear Erickson is working on behalf of the SYV Botanic Garden Foundation. Mr. Erickson is a Valley native, accomplished musician, videographer, and sound technician as well as owner and proprietor of Osito Sound Inc. The complete project application is included as Attachment 1. In addition to the grant request from the City, the Botanic Garden has raised $2,500 for the project.

The Project request for $5,000 will pay for professional camera rentals, video filming and editing, script writing and editing, voice over recording, music composition and editing, and final colorization and mastering. Any unspent funds are required to be returned to the City.

The Arts & Culture Committee discussed the Project at length and recommended approval to the City Council.

B. Art on the Avenue
The purpose of this Project is to bring local community members’ art to life on large banners along the Avenue of Flags and Highway 246 and also to act as “Call to Artists” to share the Arts & Culture Program and encourage more project submissions. Artwork will be collected from local schoolchildren and senior centers and then digitized for use on the vinyl banners

Arts & Culture Projects Page 2 April 28, 2022
and on social media. Applicants Stacey Kiss and Kristin Merz are Buellton residents and also volunteer on the Arts & Culture Committee. Ms. Kiss is a previous Arts & Culture grant recipient.

The Project request was reduced to $10,000 at the Committee’s request. The funds will pay for the collection of community artwork from schools and senior centers, the digitization of the artwork and creation of 34 vinyl banners with 8 unique designs with a theme of “Flowers, Butterflies and Bugs”, the creation and launch of a website (Buellton.Art) to showcase the artwork, 8 months of social media, press releases and other publicity. The applicants are also requesting Public Works staff assistance in hanging the banners in coordination with the next round of banners from the Visitor’s Bureau. The complete project application is included as Attachment 2 with the Graphic and Social Media component detailed in Attachment 3. Any unspent funds are required to be returned to the City.

The Arts & Culture Committee discussed the Project at length and recommended approval to the City Council. The Applicants recused themselves and were not present during the Committee vote.

FISCAL IMPACT
The grant request for the Santa Ynez Botanic Garden Video Project is $5,000 and the request for Art on the Avenue is $10,000. The FY 2021/22 Arts and Culture budget has $19,068.90 remaining.

RECOMMENDATION
That the City Council consider:

A. Approval of $5,000 to fund the Santa Ynez Botanic Garden Video project.

B. Approval of $10,000 to fund the Art on the Avenue project.

ATTACHMENTS
Attachment 1 - Santa Ynez Botanic Garden Video Application Attachment 2 - Art on the Avenue Application
Attachment 3 - Art on the Avenue Graphics and Social Media Component

1 - Buellton.Art - Stacey Kiss (805) 708-3747 & Kristin Neperud Merz (773) 983-3306 We would love to see this as a yearly community arts project! The Banner Art:

Create artwork for Art on the
Avenue Banners.

Each element portrayed on the banners (flower, butterfly, or bug) would be designed by a different community member. We would then take their original art and convert it to digital
art that can more easily be used in
the various application. This also
allows artists of ALL level of skill to
express themselves, but gives the
overall piece a cohesive look.

Artwork submissions would be
requested from:
- Coordinated collection of submissions for the Buellton Schools (Oak Valley and Jonata), the Buellton
Senior Center, and Hidden Wings.
- A “Calling all Artists” campaign
allowing for online submissions
from any community member
Final artwork to be converted to
digital artwork would be picked by
the Arts and Culture Committee.

Art on the Avenue Banners Community Arts Project
“Flowers, Butterflies, and Bugs”
With Social Media Campaign and Press Outreach
Firstname M. Los Olivos 3rd grade
24”
• 3”
•
M
• KE
• A
Buellton.Art

2 - Buellton.Art - Stacey Kiss (805) 708-3747 & Kristin Neperud Merz (773) 983-3306 Social Media and Press Outreach:
• “Calling all artists” campaign: We would create promotional pieces letting the town know we are looking for their help with a community art project - featuring THEIR art! Outreach for the “calling all artists” campaign to include:
- Social Media: We will create digital art pieces and posts that the city, rec center, and/or chamber could use on social media.
- Flyers: To be placed around town
- Ad in Buellton Buzz
- Press Release
• Social media artwork: With the digital artwork created for the banners we will create digital art pieces that the city, rec center, and/or chamber could use on social media. (Number created varies depending on funds). As part of the social media campaign we will also...

Send emails to each artist (and/or parent/contact person) letting them know their artwork will be featured that month, and providing them the artwork if they want to also post on social media. Greatly increasing the reach for the campaign. • Buellton Buzz - Create a two sided one pager featuring some of the artwork and add “We are looking for more projects...” Which would help promote the Arts and Culture Program.
• Press release to local media
• Website Buellton.Art The website would allow us to gather art submissions from the community at large, encourage sponsorship, and promote the work done by the Buellton Arts and Culture Committee.

Sample Social Media
eed Line
t Line
fe Area
le Pocket
w Lines
DISPL

SAL E S

ITAL BANNER

S TOP & BOTTOM

COLOR/IMAGE

TO BLEED LINE

BLUE SAFE AREA

ST BE OUTLINED

LINKED FILES
First name M. Los Olivos 3rd grade
First name M. Los Olivos 3rd G ar de
Artwork by: Amanda M., Bruce T.,
Sam R., Ella J., & Greg S.

Buellton.Art
Learn More at:

Made possible by
Buellton’s Art & Culture
Program and

LOGO/NAME
HERE
First name M. Los Olivos 3rd grade
First name M. Los Olivos 3rd Grade
i F sr t n ma e M. Los Ol vi os 3rd Grade
First name M. Los Olivos 3rd Grade
Artwork by: Amanda M., Bruce T., Sam R., Ella J., & Greg S.

Learn More at: Buellton.Art
Made possible by Buellton’s
Art & Culture Program and

LOGO/NAME HERE

3 - Buellton.Art - Stacey Kiss (805) 708-3747 &
Kristin Neperud Merz (773) 983-3306
Financial Request:

Original
Request
$16,992 - $15,000
Including:
75 unique
Art Elements
(from 75 residents)
60 Banners
only 44 now
All banners throughout
Buellton
12 unique banner
designs
12 Months
of Social Media &
Press Releases
6 Buellton Buzz
One-pagers
(to be sent on months when
Buellton Buzz is not sent out)
Website
Call to Artists
Campaign
Scaled Back
(per committee request)
$10,000
Sponsorship
For each sponsor:
$750
Including:
40 unique
Art Elements
(from 40 residents)
34 Banners
Avenue of Flags Street
Banners and Hwy 246
10 (of 20) Parking Area
8 unique banner
designs
8 Months
of Social Media &
Press Releases
4 Buellton Buzz
One-pagers
(to be sent on months when
Buellton Buzz is not sent out)
Website
Call to Artists
Campaign
We could Add:
5 unique
Art Elements
(from 5 more residents)
2 Banners
1 unique design
(design would be on more than 2 banners)
1 Months
of Social Media &
Press Releases
(12 total - 1 each month)
1/2 Buellton Buzz
One-pager or “Ad”
in Buellton Buzz
(6 total - every other month)
Sponsors would get:

Exposure on Social
Media, Website (with
link), & Press Releases
Ideally: 12 sponsors,
then we can feature
1 sponsor each month on
outreach for better
exposure.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Kyle Abello, Recreation Supervisor
Meeting date: April 28, 2022
Subject: Consideration of Request for Sheriff Deputies for Open Streets Event
______________________________________________________________________________

BACKGROUND
In December of 2019, the Santa Ynez Valley Healthy Eating Active Living Coalition (SYV HEAL Coalition) requested a sponsorship of $5,000 and Sheriff Deputies for an Open Streets event on the Avenue of Flags that was to be held in October 2020. At that time, the City Council approved the sponsorship and the request for Sheriff Deputies, but due to the pandemic, the event was postponed until October 30, 2022. The event will include a wide range of health/wellness businesses and organizations promoting active lifestyles, recreation, foods, and more. The $5,000 grant has already been paid to People Helping People, which is acting as the fiscal sponsor for SYV HEAL, but the request for Sheriff Deputies must be approved for a second time so that the appropriate funds can be included in the upcoming budget.

FISCAL IMPACT
The fiscal impact of two extra duty Sheriff Deputies for the one-day event is estimated to be approximately $1,600. However, the actual cost may be greater due to staffing availability at the time of the event.

RECOMMENDATION
That the City Council consider funding two extra duty Sheriff Deputies for the Open Streets Event sponsorship request from the SYV HEAL Coalition and direct Staff as appropriate.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director

Meeting Date: April 28, 2022
Subject: Selection of Auditor for Fiscal Years Ending June 30, 2022, 2023, and 2024, with the City’s Option for Renewal for Two Subsequent Fiscal Years
______________________________________________________________________________

BACKGROUND
The City is required to engage a certified public accounting firm to perform an annual audit of the financial records and render a report to the City Council. Moss, Levy & Hartzheim LLP was selected in 2017 as the City’s independent auditor for three fiscal years, with an option for two additional years. In 2020, the City chose to exercise the option to extend the contract for two more years due to satisfactory performance on the City’s audit the previous three years.

On March 2, 2022, the City invited auditing firms to submit a proposal for auditing services for the next three fiscal years beginning with fiscal year ending June 30, 2022, with an option to renew the services for two subsequent fiscal years. The City received three proposals (Attachment 1), which the Finance Director opened on April 1, 2022, and the City Manager and the Finance Director reviewed on April 15, 2022. Staff prepared a Bid Information spreadsheet (Attachment 2) listing the names of each responding firm, their location and amount bid for auditing services. Copies of the Request for Proposals and all submitted proposals are available for public review in the Finance Office.

The City Manager and Finance Director are responsible for recommending a new independent auditing firm to the City Council. The three firms were evaluated using three sets of criteria based on mandatory elements, technical quality and its audit approach. After screening the proposals, the firm of Moss, Levy & Hartzheim LLP was selected as the most qualified firm with a reasonable price.

Selection of Auditor Page 2 April 28, 2022
Moss, Levy & Hartzheim LLP has performed well during its past engagement and is familiar with the City’s financial reporting, processes and procedures. The firm has competitive rates, experienced staff and can easily accommodate the City’s needs given its close proximity as their office is located in Santa Maria, California. In addition, as a local firm, there are no travel expenses added to their fee schedule.

FISCAL IMPACT
The proposed auditing fee for each Fiscal Year is:
 Fiscal Year 2021-22: $28,040
 Fiscal Year 2022-23: $28,980
 Fiscal Year 2023-24: $28,980

RECOMMENDATION
That the City Council authorize the City Manager to enter into a three-year contract with the firm of Moss, Levy & Hartzheim LLP for auditing services for the Fiscal Years ending June 30, 2022, 2023, and 2024, with the City’s option for renewal for two subsequent fiscal years.

ATTACHMENTS
Attachment 1 - List of four firms submitting proposals (in alphabetical order) Attachment 2 - Bid Information Spreadsheet
Attachment 3 - Proposed Auditing Services Contract

\\fileserver\Users\Finance Director\RFP\2022 Audit RFP and Notices\List of Firms Submitted Audit RFPs-Mar 2022.doc
4/14/2022
2022

LIST OF FIRMS SUBMITTING PROPOSALS
Badawi & Associates (510) 768-8244
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
JJACPA, Inc. (925) 556-6200
7080 Donlon Way, Suite #204
Dublin, CA 94568-2789
Moss, Levy & Hartzheim (805) 925-2579
Attn: Ron Levy, CPA
2400 Professional Pkwy, Ste 205
Santa Maria, CA 93455

NAME LOCATION FY 21/22 FY 22/23 FY 23/14 3 Year Total
Badawi & Associates Berkeley, CA $27,335 $28,145 $28,980 $84,460 JJACPA, Inc. Dublin, CA $39,000 $40,200 $41,400 $120,600 Moss, Levy & Hartzheim LLP Santa Maria, CA $28,040 $28,980 $29,950 $86,970 City Auditing Bid Information
\\fileserver\Users\Finance Director\RFP\2022 Audit RFP and Notices\Attachment 3- 2022 Bid Information 4/14/2022

Page i

AGREEMENT FOR AUDITING SERVICES

BETWEEN

THE CITY OF BUELLTON
AND

MOSS, LEVY & HARTZHEIM, LLP

TABLE OF CONTENTS
PAGE
SECTION 1. TERM OF AGREEMENT 1
SECTION 2. SCOPE OF SERVICES 1
SECTION 3. ADDITIONAL SERVICES 1
SECTION 4. COMPENSATION AND METHOD OF PAYMENT 1
SECTION 5. INSPECTION AND FINAL ACCEPTANCE 2
SECTION 6. OWNERSHIP OF DOCUMENTS 2
SECTION 7. CONTRACTOR’S BOOKS AND RECORDS 2
SECTION 8. STATUS OF CONTRACTOR 3
SECTION 9. STANDARD OF PERFORMANCE 3
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS;
PERMITS AND LICENSES 4
SECTION 11. NONDISCRIMINATION 4
SECTION 12. UNAUTHORIZED ALIENS 4
SECTION 13. CONFLICTS OF INTEREST 5
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION 5
SECTION 15. INDEMNIFICATION 6
SECTION 16. INSURANCE 6
SECTION 17. ASSIGNMENT 6

Page ii
PAGE
SECTION 18. CONTINUITY OF PERSONNEL 7
SECTION 19. TERMINATION OF AGREEMENT 7
SECTION 20. DEFAULT 7
SECTION 21. EXCUSABLE DELAYS 7
SECTION 22. COOPERATION BY CITY 7
SECTION 23. NOTICES 8
SECTION 24. AUTHORITY TO EXECUTE 8
SECTION 25. BINDING EFFECT 8
SECTION 26. MODIFICATION OF AGREEMENT 8
SECTION 27. WAIVER 8
SECTION 28. LAW TO GOVERN; VENUE 9
SECTION 29. ATTORNEYS FEES, COSTS AND EXPENSES 9
SECTION 30. ENTIRE AGREEMENT 9
SECTION 31. SEVERABILITY 9
EXHIBIT "A" SCOPE OF SERVICES/PROPOSAL A-1
EXHIBIT “B" INSURANCE B-1

AGREEMENT FOR AUDITING SERVICES

BETWEEN

CITY OF BUELLTON
AND

MOSS, LEVY & HARTZHEIM, LLP
This AGREEMENT FOR AUDITING SERVICES ("AGREEMENT"), is made and entered into this 28 day of April 2022, by and among the City of BUELLTON a municipal corporation ("CITY") and MOSS, LEVY & HARTZHEIM, LLP (“CONTRACTOR”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of SECTION 19 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period of three annual fiscal year audits beginning with the fiscal year ending June 30, 2022. Such term may be extended for an additional two years upon written agreement of both parties to this AGREEMENT.

SECTION 2. SCOPE OF SERVICES.

CONTRACTOR agrees to perform the services set forth in EXHIBIT "A", “SCOPE OF SERVICES/PROPOSAL" and made a part of this AGREEMENT. In the event of any conflict in the terms of Exhibit “A” and this AGREEMENT, the terms of this AGREEMENT shall prevail.

SECTION 3. ADDITIONAL SERVICES.

CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" unless such additional services are authorized in advance and in writing by the City Council or City Manager of CITY.

CONTRACTOR shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONTRACTOR the amounts specified in EXHIBIT “A” and made a part of this AGREEMENT, unless additional compensation is approved in writing by the City Council or City Manager. (b) CONTRACTOR shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, subcontractor contracts and miscellaneous expenses. CITY shall independently review each invoice submitted by the CONTRACTOR to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the

terms set forth in subsection (c). In the event CITY disputes any charges or expenses, the original invoice shall be returned by CITY to CONTRACTOR for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONTRACTOR which are disputed by CITY, CITY will use its best efforts to cause CONTRACTOR to be paid within 30 days of receipt of CONTRACTOR invoice. (d) Payment to CONTRACTOR for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONTRACTOR.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

CITY may inspect and accept or reject any of CONTRACTOR’s work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONTRACTOR’s work within 60 days after submitted to CITY. CITY shall reject work by a timely written explanation, otherwise CONTRACTOR’s work shall be deemed to have been accepted. CITY's acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes that amount to fraud. Acceptance of any of CONTRACTOR’s work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, sections 15 and 16, pertaining to indemnification and insurance, respectively.

SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by CONTRACTOR in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONTRACTOR. Upon completion, expiration or termination of this AGREEMENT, CONTRACTOR shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

SECTION 7. CONTRACTOR’S BOOKS AND RECORDS.
(a) CONTRACTOR shall maintain any and all documents and records demonstrating or relating to CONTRACTOR's performance of services pursuant to this AGREEMENT. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONTRACTOR pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for three years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon written request by CITY or its designated representative. Copies of such documents or records shall be provided directly to the CITY for inspection, audit and copying

when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONTRACTOR's address indicated for receipt of notices in this AGREEMENT.
(c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONTRACTOR's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives.

SECTION 8. STATUS OF CONTRACTOR.
(a) CONTRACTOR is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of CITY. CONTRACTOR shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY; whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONTRACTOR shall at all times be under CONTRACTOR's exclusive direction and control.

Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONTRACTOR or any of CONTRACTOR's officers, employees or agents, except as set forth in this AGREEMENT. CONTRACTOR shall not at any time or in any manner represent that CONTRACTOR or any of CONTRACTOR's officers, employees or agents are in any manner officials, officers, employees or agents of CITY.
(c) Neither CONTRACTOR, nor any of CONTRACTOR's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY's employees. CONTRACTOR expressly waives any claim CONTRACTOR may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

CONTRACTOR represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONTRACTOR shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONTRACTOR under this AGREEMENT.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS, PERMITS AND LICENSES.

CONTRACTOR shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT. CONTRACTOR shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

SECTION 11. NONDISCRIMINATION.

Basic Provisions. In performing the Work, CONTRACTOR agrees as follows:
(1) CONTRACTOR will not discriminate against any employee or applicant from employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. CONTRACTOR will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: Employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause. (2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification.

SECTION 12. UNAUTHORIZED ALIENS.

CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq. as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to and shall reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by CITY.

SECTION 13. CONFLICTS OF INTEREST.
(a) CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONTRACTOR’s performance of services under this AGREEMENT. CONTRACTOR further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager.

CONTRACTOR agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT. (b) CITY understands and acknowledges that CONTRACTOR is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONTRACTOR is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONTRACTOR in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONTRACTOR. CONTRACTOR shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager, except as may be required by law. (b) CONTRACTOR, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONTRACTOR gives CITY notice of such court order or subpoena. (c) If CONTRACTOR, or any officer, employee, agent or subcontractor of CONTRACTOR, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONTRACTOR for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of CONTRACTOR 's conduct.
(d) CONTRACTOR shall promptly notify CITY should CONTRACTOR, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT and the work performed thereunder. CITY retains the right, but has no obligation, to represent CONTRACTOR or be present at any deposition, hearing or similar proceeding. CONTRACTOR agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONTRACTOR.

However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.

INDEMNITY FOR PROFESSIONAL LIABILITY: When the law establishes a professional standard of care for CONTRACTOR’s services, to the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold harmless CITY and any and all of it’s boards, officials, employees, and agents (“Indemnified Parties”) from and against all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of CONTRACTOR, its officers, agents, employees or subconsultants (or any entity or individual for which CONTRACTOR shall bear legal liability) in the performance of professional services under this agreement.

INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY: Other than in the performance of professional services and to the full extent permitted by law, CONTRACTOR shall indemnify, defend and hold harmless CITY, and any and all of its boards, employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including but not limited to officers, agents, employees or subcontractors of CONTRACTOR.

SECTION 16. INSURANCE.

CONTRACTOR agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT “B" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. CONTRACTOR agrees to provide CITY with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of CONTRACTOR are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONTRACTOR under this AGREEMENT. In recognition of that interest, CONTRACTOR shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONTRACTOR's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONTRACTOR, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

CONTRACTOR shall make every reasonable effort to maintain the stability and continuity of CONTRACTOR's staff assigned to perform the services required under this AGREEMENT. CONTRACTOR shall notify CITY of any changes in CONTRACTOR's staff assigned to perform the services required under this AGREEMENT, prior to any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving 30 days written notice of termination to CONTRACTOR. In the event such notice is given, CONTRACTOR shall cease immediately all work in progress. (b) CONTRACTOR may terminate this AGREEMENT at any time upon 30 days written notice of termination to CITY.
(c) If either CONTRACTOR or CITY fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, either CONTRACTOR, or CITY may terminate this AGREEMENT immediately upon written notice. (d) Upon termination of this AGREEMENT by either CONTRACTOR or CITY, all property belonging exclusively to CITY, which is in CONTRACTOR’s possession, shall be returned to CITY. CONTRACTOR shall furnish to CITY a final invoice for work performed and expenses incurred by CONTRACTOR, prepared as set forth in SECTION 4 of this AGREEMENT. This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.

SECTION 20. DEFAULT.

In the event that CONTRACTOR is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONTRACTOR for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONTRACTOR.

SECTION 21. EXCUSABLE DELAYS.

CONTRACTOR shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONTRACTOR. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of CITY, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.

SECTION 22. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A”, “SCOPE OF SERVICES/PROPOSAL ", shall be furnished to CONTRACTOR in every reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.

SECTION 23. NOTICES.

All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by fax or certified mail, postage prepaid and return receipt requested, addressed as follows:

To CITY: City of Buellton
Attn: City Manager
P.O. Box 1819
107 W. Highway 246
Buellton, CA 93427
To CONTRACTOR: Moss, Levy & Hartzheim, LLP
Ron A. Levy, CPA, Partner
2400 Professional Parkway, Suite 205
Santa Maria, CA 93455
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this AGREEMENT on behalf of CONTRACTOR represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 25. BINDING EFFECT.

This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

SECTION 26. MODIFICATION OF AGREEMENT.

No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONTRACTOR and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. In the event of any conflict between the terms and conditions of this AGREEMENT and attached Exhibit “A”, the terms and conditions of this AGREEMENT shall control. In the event of any conflict between the terms and conditions of this AGREEMENT and any attached exhibits, the terms and conditions of this AGREEMENT will control.

SECTION 27. WAIVER.

Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any

provision of this AGREEMENT. Acceptance by CITY of any work or services by CONTRACTOR shall not constitute a waiver of any of the provisions of this AGREEMENT.

SECTION 28. LAW TO GOVERN; VENUE.

This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

SECTION 29. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may he entitled.

SECTION 30. ENTIRE AGREEMENT.

This AGREEMENT, including the attached EXHIBITS "A" and “B", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONTRACTOR and CITY prior to the execution of this AGREEMENT.

No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 31. SEVERABILITY.

If a term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void or unenforceable provision(s).

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

MOSS, LEVY & HARTZHEIM, LLP
.

By: By:

Title: Title:

CITY OF BUELLTON APPROVED AS TO FORM:

By:

Scott Wolfe, City Manager Gregory Murphy, City Attorney

EXHIBIT "A"

SCOPE OF SERVICES/PROPOSAL
[NOTE: Scope of Services and CONTRACTOR Compensation is set forth in the proposal from Moss, Levy & Hartzheim, LLP, attached hereto and incorporated herein by this reference]

EXHIBIT "B"

INSURANCE
A. Insurance Requirements. CONTRACTOR shall provide and maintain insurance, acceptable to the City Manager or City Council, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. CONTRACTOR shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the
Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONTRACTOR and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONTRACTOR 's profession.

2. Minimum Limits of Insurance. CONTRACTOR shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(4) Errors and omissions Liability: $1,000,000 per occurrence.

B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:

1. All Policies. Each insurance policy required by this paragraph 5 shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY FINANCE DIRECTOR.

2. General Liability Accident -- Mobile Liability Rates. (1) CITY and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONTRACTOR performs; products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR; or automobiles owned, leased, hired or borrowed by CONTRACTOR.

The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees. (2) CONTRACTOR's insurance coverage shall be primary
insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONTRACTOR's insurance.
(3) CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation and Employer’s Liability Coveraqe.

Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONTRACTOR.

C. Other Requirements. CONTRACTOR agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONTRACTOR furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. CONTRACTOR shall furnish certificates and endorsements from each subcontractor identical to those CONTRACTOR provides.

2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: April 28, 2022
Subject: Resolution No. 22-13 - “A Resolution of the City Council of the City of Buellton, California, Declaring Stage Two Water Conservation Requirement Pursuant to the State’s Water Conservation
Emergency Regulations”
______________________________________________________________________________

BACKGROUND
Over the past several years, the state of California has experienced dry weather conditions.

In October 2021, Governor Newsom issued a proclamation urging Californians to increase their water conservation efforts. In January 2022, the State Water Board adopted an emergency regulation from Governor Newsom’s drought state of emergency for all counties in California, becoming effective on January 18, 2022. On March 28, 2022, the Governor issued Executive Order N-7-22, which reinforces the provisions and orders from 2021 and provides direction to conserve water and improve drought resiliency.

This state mandate requires all purveyors to activate their Water Shortage Contingency Plan to level 2. Smaller communities such as Buellton are not required to provide a water shortage contingency plan. However, water conservation measures must be implemented by every agency and accelerated.

The City of Buellton has been continuously providing water conservation outreach to the community for the past several years and more aggressively in mailers and joint advertisements through various media with the County through WaterWiseSB the past year. In 2014, the City Council adopted Resolution 14-19 declaring a Stage 2 water conservation requirement, which was never rescinded but expired in 2015. In order to properly respond to the State’s current mandates, staff recommends that the City Council adopt Resolution No. 22-13 which declares a Stage 2 Water Conservation Requirement.

Section 13.68.050.B of the Buellton Municipal Code provides the Stage 2 water conservation standards for the City of Buellton during periods of water shortage. It provides that the City Council, by resolution, may declare that a Stage 2 water conservation condition exists and that the water use regulations and restrictions shall apply to all use of water provided by or through the water distribution facilities of the

Resolution No. 22-13 Page 2 April 28, 2022
City. The attached Resolution will declare the Stage Two condition and establish the regulations set forth in Section 13.68.050 B.

The regulations contained in the Resolution are not overly burdensome and really are just common sense limits that many residents already follow. For example, landscape watering is limited to the evening and nighttime hours, excessive runoff is prohibited, and notices of drought conditions posted in restaurants and hotels.

FISCAL IMPACT
Adoption of the Resolution 22-13 does not directly create a fiscal impact. However, reduction of water use does equate to reduction of water revenue.

RECOMMENDATION
That the City Council consider adoption of Resolution No. 22-13 - “A Resolution of the City Council of the City of Buellton, California, Declaring Stage Two Water Conservation Requirement Pursuant to the State’s Water Conservation Emergency Regulations”

ATTACHMENT
Resolution No. 22-13

RESOLUTION NO. 22-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFRONIA, DECLARING STAGE TWO

WATER CONSERVATION REQUIREMENT PURSUANT TO
THE STATE’S WATER CONSERVATION EMERGENCY

REGULATIONS
WHEREAS, the City of Buellton (“City”) provides water service to residents and businesses both within the corporate boundaries of the City and, by contract, to areas immediately adjacent to the corporate boundaries; and
WHEREAS, article X, section 2 of the California Constitution declares that waters of the State are to be put to beneficial use and that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare; and WHEREAS, conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare; and
WHEREAS, on May 10, 2021, Governor Newsom declared a Drought Emergency for counties within the State including Santa Barbara County; and WHEREAS, on March 28, 2022, Governor Newsom further issued Executive Order N-7- 22, to reinforce the 2021 declarations and provides direction to Californians to increase their efforts to conserve water; and
WHEREAS, Water Code section 1058.5 grants the State Water Resources Control Board (‘SWRCB”), the authority to adopt emergency regulations in certain drought years in order to:
“prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation”; and WHEREAS, the City is required to comply with State law, including regulations adopted by the SWRCB, and is authorized pursuant thereto to implement its requirements; and WHEREAS, Chapter 13.68 of the Buellton Municipal Code contains the adopted "Water Conservation Standards" for the City of Buellton during periods of water shortage; and WHEREAS, Section 13.68.050 B of the Buellton Municipal Code provides that the City Council, by resolution, may declare that a Stage Two water conservation conditions exists and that the water use regulations and restrictions shall apply to all use of water provided by or through the water distribution facilities of the City; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.

Resolution No. 22-13 Page 2 April 28, 2022

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE, AND REQUEST AS FOLLOWS:

SECTION 1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

SECTION 2. The City Council, in accordance with the foregoing findings, hereby determines and declares that a Stage Two water conservation condition exists and that the restrictions on delivery and consumption of water within the Buellton service area, as hereinafter set forth, are necessary and in the sound discretion of the City’s Council to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. The City Council hereby authorizes the city manager and Public Works Director to take specific steps to implement the required water use restrictions as hereinafter set forth.

SECTION 3. Pursuant to the provisions of Section 13.68.050 B of the Buellton Municipal Code, the following mandatory water conservation regulations, unless exempted pursuant to the provisions of Section 13.68.080, shall be enforced during the duration of the Stage Two condition:

1. The watering of crops, grass, ground cover, lawns, open ground, shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agricultural, or any other area containing vegetation shall be prohibited between the hours of eight a.m. and six p.m.

2. The use of water described in subsection (1), above, shall be in a manner and to the extent which does not allow excess water to run off the area being watered. Every water user is considered to have his or her water system under his or her control and is accountable for the knowledge of and the manner and extent of excess water run-off.

3. The washing of driveways, sidewalks, parking lots, buildings or any other hard surface on which water will run off except for the washing of surfaces necessary for preventing a potential threat to health and safety as determined by the Public Works Director, shall be prohibited.

4. The washing of any vehicle, camper, trailer, or boat, except at a commercial car washing facility or by use of a bucket and/or hose equipped with a self-closing valve that requires operator pressure to activate the flow of water, shall be prohibited.

5. The escape of water through leaks or breaks within any water user’s distribution or plumbing system for an unreasonable time shall be prohibited.

Unreasonable time shall be twelve (12) hours after the discovery or the notification of such leak or break from the city to correct or implement the correction of such leak or break, whichever occurs first.

Resolution No. 22-13 Page 3 April 28, 2022

6. All restaurants that provide table service shall post in a conspicuous place a notice of drought conditions in a form approved by the Public Works Director.

7. All hotel/motel operations shall post in each room in a conspicuous place a notice of drought conditions in a form approved by the Public Works Director.

8. All recreational/travel trailer parks shall provide to each registered user of said park at the time of registration, a notice of drought conditions in a form approved by the Public Works Director.

9. The use of city water for the flushing of water lines and mains, storm drains, sewer mains, and fire department training exercises except by the prior written approval of the Public Works Director shall be prohibited.

10. The use of potable water for cleaning and construction purposes, including, but not limited to, dust control and soil compaction shall be prohibited.

SECTION 4. The regulations, restrictions, and actions set forth herein shall take full force and effect immediately upon the City Council adoption of this resolution and shall remain in full force and effect or until otherwise rescinded by the City Council.

SECTION 5. Violations of the regulations and restrictions shall be enforced as an infraction as set forth in Chapter 1.28 of the Buellton Municipal Code or by Administrative Citation pursuant to Chapter 1.30 of the Buellton Municipal Code.

SECTION 6. The City Council finds that the provisions of this Resolution are exempt from the provisions of the California Environmental Quality Act as an action to mitigate emergency conditions pursuant to Public Resources Code §21080(b)(4).

SECTION 7. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 28h day of April, 2022. __________________________________
Holly Sierra
Mayor
ATTEST:
___________________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9

To: The Honorable Mayor and City Council
From: Linda Reid, City Clerk/H.R. Director
Meeting Date: April 28, 2022
Subject: Authorization to Reclassify Position in the Planning Department, Adopt Associated Job Description, and New Salary Range
______________________________________________________________________________

BACKGROUND
Due to recent employee changes in the Planning Department, staff is requesting that the Council consider reclassifying the Assistant Planner position to Assistant/Associate Planner in order to attract candidates, due to the current labor shortage and the City’s somewhat remote location in relation to neighboring cities/towns. Attached is a draft job description for Assistant/Associate Planner that provides a hybrid approach and would allow staff more latitude to fill the positon in Planning. Staff would recruit for both positions and, depending on the applications received, will choose the most qualified candidate in either classification. The prior Assistant Planner classification would be abolished as it would no longer be needed going forward.

The difference between the Assistant Planner and Associate Planner is both responsibility and experience. The Assistant Planner will work on routine to moderately difficult projects and will receive instruction, assistance, and oversight while in the process of learning the procedures and policies of the Planning Department work flow. The Associate Planner will work on moderate to difficult and complex projects and will receive only occasional instruction or assistance as new or unusual situations arise. The Associate Planner would be fully aware of the operations, procedures, and policies of the Planning Department work flow and will have increased responsibility for project management.

Staff proposes to assign an annual salary range of $67,200 - $81,684 for Assistant Planner and an annual salary range of $79,032 - $97,032 for Associate Planner.

If approved by Council, staff will begin recruitment for a new Assistant/Associate Planner immediately.

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FISCAL IMPACT
In terms of salary alone, the highest possible fiscal impact for the reclassification would be an increase of approximately $15,348 annually. If the new classification is approved by the City Council, the Fiscal Year 2022/23 Budget will include funding for the reclassification and if a candidate is hired prior to July 1, 2022, an appropriate budget adjustment will be made.

RECOMMENDATION
That the City Council authorize staff to reclassify the Assistant Planner position to Assistant/Associate Planner, adopt the associated job description/salary range, abolish the original Assistant Planner classification, and create the appropriate budget adjustment.

ATTACHMENTS
Attachment 1 – Revised Job Description (Assistant/Associate Planner)

ASSISTANT/ASSOCIATE PLANNER JOB DESCRIPTION
Open-Competitive Recruitment
(Salary: $67,200 - $81,684 Annually for Assistant Planner – 7/1/22) (Salary: $79,032 - $97,032 Annually for Associate Planner – 7/1/22) GENERAL STATEMENT OF DUTIES:

The City is looking for a qualified, energetic, and motivated individual to fill a vacancy in the Planning Department. The City will appoint at either the Assistant Planner or Associate Planner level, depending on the qualifications and experience of the successful candidate. Under supervision of the Planning Director, the incumbent will assist with current planning projects, long-range planning projects, environmental review, engineering assistance, and code enforcement, while working with developers, property owners, other City departments, and the general public with regard to land use and planning issues.

Assistant Planner: Conduct planning research and analysis on routine to moderately difficult projects. The Assistant level position would receive regular instruction, assistance, and oversight while in the process of learning the procedures and policies of the Planning Department work flow.

Associate Planner: Conduct planning research and analysis on moderate to difficult and complex projects. The Associate level position would receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operations, procedures and policies of the Planning Department work flow. The Associate Planner is distinguished from the Assistant Planner classification by its increased responsibility for project management.

EXAMPLES OF DUTIES:

Performs assigned planning projects involving land use, environmental issues, and related subjects; performs basic research and confers with applicants and agency representatives to identify problems and issues. Implements environmental programs and prepares associated environmental documents as needed. Prepares and presents staff reports of summarized data and recommendations to the Planning Commission and City Council, other official groups and at public workshops as needed. Confers with developers, building designers, contractors, architects, and the general public on planning and zoning related matters; interprets planning policies, State laws, and local ordinances. Performs various administrative functions for the department, including accepting applications and permits; maintains and updates land use information on maps, files, and coordinates with GIS consultants. Tracks General Plan implementation.

Participates on regional planning committees and tracks long-range planning issues such as growth forecasting, housing needs, and land use patterns. Implements planning and zoning regulations and prepares ordinance amendments. Reviews, prepares letters and reports, and recommends actions on discretionary applications, including tentative maps, conditional use permits, development plans, variances, general plan amendments, and zone changes. Assists

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with a variety of code compliance activities including zoning, land use, housing, parking, and nuisance abatement. Works with the Code Enforcement Officer and the City Attorney and special legal counsel in research and review of abatement policies and procedures. Assists in the preparation of environmental studies in accordance with the California Environmental Quality Act (CEQA). Maintains official maps, records, and files related to areas of responsibility.

Searches for grants and assists in the preparation of grant applications. Performs related work as required.

KNOWLEDGE AND ABILITY:

Knowledge of: Urban planning principles and practices; laws, ordinances, rules and regulations; application of land use, physical design, environmental, CEQA, Subdivision Map Act, and/or social concepts to the planning process; environmental review procedures and thresholds of significance; local and regional planning issues and constraints.

Ability to: Interpret and apply federal, state, and local laws, codes, regulations, policies, procedures, and standards pertaining to the planning process; research, analyze and summarize current and long range planning data; analyze problems, identify alternative solutions, project consequences of proposed actions, and provide recommendations. Make presentations of ideas and recommendations to staff, the City Council, Planning Commission, local and regional planning agencies, and the general public; work collaboratively in multi-city departmental groups. Must have valid driver’s license.

EXPERIENCE AND TRAINING:

Bachelor’s degree from an accredited college or university with major course work in urban planning, geography, environmental design, or a related field. One year of related planning experience is required for placement at the Assistant Planner level, while three years of progressively responsible planning experience, preferably within a local government environment, is required for placement at the Associate Planner level.

PHYSICAL DEMANDS AND WORKING CONDITIONS:

Bending, stooping, kneeling, reaching, lifting, and carrying approximately 25 pounds at waist high level. Frequent sitting, some standing and walking required. Extensive use of computer terminal and keyboard. Moderate to high requirement for hand coordination, visual ability, and cognitive abilities. Must tolerate moderate noise levels and interruptions in an open office environment. Works indoors in controlled conditions.

SUPERVISION RECEIVED:

Works under the general direction of the Planning Director who reviews work for conformance with policies and procedures.

SELECTION GUIDELINES:

Applicants meeting or exceeding the minimum qualifications will be invited to participate in the interview process which may include written and/or oral examinations or other selection procedures deemed appropriate by the City. All offers of employment are contingent upon the candidate successfully passing a pre-employment physical, drug screening, fingerprinting and background check via the LiveScan process.

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PROBATIONARY PERIOD:

Employees must complete twelve (12) months of probation at a satisfactory level prior to gaining regular employment status.

The duties listed above are not intended to be all-inclusive. An employee may also perform other reasonable related business duties as assigned by his/her immediate supervisor. This position is considered non-exempt.

This position description is subject to change by the City as the needs of the City and requirements of the position change, in accordance with applicable personnel rules and procedures.